What's happening
This bill requires healthcare providers to consider and discuss non-opioid alternatives before prescribing opioids for pain from neuromusculoskeletal conditions, with certain exceptions.
Why it matters
Encourages safer pain management. By requiring providers to consider and discuss non-opioid alternatives, the bill aims to reduce unnecessary opioid prescriptions, potentially lowering the risk of addiction, overdose, and related harms.
Empowers patient choice. The law ensures patients are informed about a range of pain management options—including physical therapy, acupuncture, and behavioral therapy—so they can participate in decisions and choose treatments that align with their values and circumstances.
Addresses insurance limitations. Providers must inform patients if certain non-opioid options may not be covered by their health insurance, helping patients anticipate out-of-pocket costs and make more financially informed choices.
Balances clinical flexibility with safety. The bill allows exceptions for cancer, end-of-life care, post-surgery, and emergencies, so critical or time-sensitive situations are not delayed by these requirements, maintaining provider judgment and patient safety.
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Who cares
Headline styles
Promote Non-Opioid Pain Treatments
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 5867b
- Amend and recommit to health
- Referred to health
- Print number 5867a
- Amend (t) and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Non-Opioid Pain Options
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5867--B
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
Introduced by Sens. RIVERA, HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to consideration and prescription of non-opioid treatment alternatives for treatment of neuromusculoskeletal conditions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3331 of the public health law is amended by adding a new subdivision 9 to read as follows:
9. (a) When a patient seeks treatment for any neuromusculoskeletal condition that causes pain, where a practitioner considers an opioid treatment, the practitioner shall consider, discuss with the patient, and, as appropriate, refer or prescribe non-opioid treatment alternatives, based on the practitioner's clinical judgment and following generally accepted national professional or treatment guidelines, and consistent with patient preference and consent, before starting a patient on opioid treatment. For the purposes of this subdivision, nonopioid treatment alternatives include, but are not limited to: acupuncture, chiropractic, massage therapy, physical therapy, occupational therapy, cognitive behavioral therapy, non-opioid medications, interventional treatments and non-clinical activities such as exercise. The practitioner shall inform the patient that some treatments may not be covered by the patient's health coverage.
(b) The requirements of this subdivision shall not apply for patients being treated under any of the following circumstances: treatment of cancer; hospice or other end-of-life care; post-surgery treatment imme-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11730-03-0
S. 5867--B 2
diately following a surgical procedure; or in a medical emergency. For purposes of this subdivision, "medical emergency" means an acute injury or illness that poses an immediate risk to a person's life or health.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to consideration and prescription of non-opioid treatment alternatives for treatment of neuromusculoskeletal conditions
Summary of provisions of bill
Section 1 adds a new Public Health Law § 3331, subdivision 9. It requires that a practitioner treating a patient with a neuromusculosk- eletal condition that causes pain consider, discuss, and, if appropri- ate, refer or prescribe non-opioid treatments before prescribing an opioid. This requirement would not apply in a medical emergency, immedi- ate post-surgical care, hospice or other end-of-life care, or cancer treatment, though it does not preclude non-opioid treatment options in those circumstances.
Section 2 is the effective date.
Justification
Opioid prescriptions have become a common solution for treating pain of all kinds, from acute injuries to chronic pain. According to the CDC, low back pain is one of the most common conditions being treated with opioids, and as many as one in four primary care patients on longterm opioid therapies struggles with an opioid use disorder. Although opioids are prescribed to mask neuromusculoskeletal pain, other treat- ments may actually resolve the cause of the pain itself. A large and growing body of medical literature supports the use of treatments such as physical therapy, chiropractic care, acupuncture, massage therapy, and occupational therapy to manage and alleviate pain. The CDC Guideline for Prescribing Opioids for Chronic Pain calls for considering conserva- tive therapies such as these, as well as exercise, cognitive behavioral therapy, and non-opioid medications, before starting opioids.
This bill does not limit a patient or doctor's options for pain treat- ment, but rather requires that both parties consider the alternatives available before choosing an opioid prescription. More and more studies show that these conservative care therapies can improve a patient's pain and prevent the need for an opioid prescription, which is the best way to prevent opioid dependence and overdose.
Legislative history
New Bill
Fiscal implications for state and local governments
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.